Stokeling v. United States

Stokeling v. United States

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-5554	11th Cir.	Oct 9, 2018 Tr.Aud.	Jan 15, 2019	5-4	Thomas	OT 2018

Holding: The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.

Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on January 15, 2019. Justice Sotomayor filed a dissenting opinion, in which Chief Justice Roberts and Justices Ginsburg and Kagan joined.

OT2018 #15: "Second Best Opinion" (First Mondays)
Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) (Rory Little)
OT2018 #3: "Ordinary Pinch" (First Mondays)
Argument analysis: Trying to define “robbery” and “burglary,” justices confront the jurisprudential “mess” of the ACCA (Rory Little)
A "view" from the courtroom: Justice Kavanaugh takes the bench (Mark Walsh)
Argument preview: Do "slight force" robberies count for enhancing Armed Career Criminal Act sentences? (Rory Little)
Criminal cases in the October 2018 term: A law professor’s dream (Rory Little)
Justices grant one new case, summarily reverse in excessive-force case (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 06 2017	Application (16A1211) to extend the time to file a petition for a writ of certiorari from July 5, 2017 to August 4, 2017, submitted to Justice Thomas.
Jun 12 2017	Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017.
Aug 04 2017	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017)
Aug 16 2017	Waiver of right of respondent United States to respond filed.
Aug 24 2017	DISTRIBUTED for Conference of 9/25/2017.
Aug 29 2017	Supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Aug 31 2017	Second supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Sep 12 2017	Response Requested. (Due October 12, 2017)
Oct 04 2017	Order extending time to file response to petition to and including November 13, 2017.
Nov 08 2017	Order further extending time to file response to petition to and including December 13, 2017.
Dec 13 2017	Brief of respondent United States in opposition filed.
Dec 27 2017	Reply of petitioner Denard Stokeling filed.
Mar 01 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 07 2018	Third supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 19 2018	DISTRIBUTED for Conference of 3/23/2018.
Mar 19 2018	Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 26 2018	DISTRIBUTED for Conference of 3/29/2018.
Apr 02 2018	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Apr 24 2018	Motion for an extension of time to file the briefs on the merits filed.
Apr 24 2018	Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2018. The time to file respondent's brief on the merits is extended to and including August 3, 2018.
Jun 11 2018	Joint appendix filed. (Statement of costs filed)
Jun 11 2018	Brief of petitioner Denard Stokeling filed.
Jun 18 2018	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 09 2018	SET FOR ARGUMENT On Tuesday, October 9, 2018
Aug 03 2018	Brief of respondent United States filed. (Distributed)
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the U.S.C.A. 11th Circuit.
Aug 07 2018	Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic.
Aug 14 2018	Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED.
Sep 04 2018	Reply of petitioner Denard Stokeling filed. (Distributed)
Oct 09 2018	Argued. For petitioner: Brenda G. Bryn, Ft. Lauderdale, Fla. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 15 2019	Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Breyer, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Kagan, JJ., joined.
Feb 19 2019	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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20
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